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Judge allows Virginia’s healthcare reform lawsuit to move forward

August 3, 2010

  Virginia is one of several states that are challenging the federal government’s new healthcare reform law as unconstitutional because of the healthcare mandates that are included in the bill. The federal government was trying to have the case thrown out based on the convoluted logic that people who chose not to buy medical insurance were violating the commerce clause in the constitution because their failure to buy insurance would end up costing people who chose to buy insurance money in the long run.

  The federal government is also arguing that because the Congress is permitted to lay taxes on the American people that the law is constitutional because the healthcare mandates are a constitutionally guaranteed tax increase on the American people; this amounts to an admission that the Obama regime has been denying all along–the healthcare mandates are indeed a tax increase on all Americans and another broken promise by the Obama regime.

  Today a federal judge rejected that premise and Virginia’s lawsuit was allowed to move forward. The judge stated that no case law backed up the government’s claim, but also ruled that no case law invalidated that claim as well.

Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue,” Hudson wrote. “No reported case from any federal appellate court has extended the Commerce Clause or the Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce

  Because there is no precedent on an issue such as this the case will move forward and it will be decided once and for all whether the federal government has the right to force the American people to buy a product that they may not want.

  This was a procedural victory in the fight against the healthcare reform law and a setback for the Obama regime–which hoped to end the challenges before the really got started–but it is only the beginning. The challenge to the healthcare reform legislation is just beginning, there is a long road ahead, but this is an important step in the fight against an overreaching federal government.

  This was an important victory for those of us who oppose the healthcare reform law and believe it is unconstitutional, but it is only the first step in a process that could take years. We may have reason to celebrate this small victory today, but the truth is this fight is a long was from being over. We must continue to be vigilant and keep the faith. This story must be a priority in the struggle against this regime and their oppressive tax increases and constitutional affront on liberty loving Americans all across the country.

  We will be watching!

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